declaration in respect of the earlier petition No. 18 of 2005, the continued detention
of the bailed 14 suspects and their trial before the General Court Martial. The
Complainants state that the Constitutional Court ruled that the continued detention
and trial of the suspects before the General Court Martial was illegal, thus the
suspects should be released forthwith. However, the Complainants note that the
Government still did not comply with the ruling.
8.
The Complainants assert that following the Constitutional Court’s ruling, four
production warrants were issued by the High Court Registrar requiring the
Commissioner of Prisons to produce the suspects in Court to have their bail
processed; however the warrants were ignored and the Commissioner of Prisons did
not appear before the Court on all four occasions.
9.
The Complainants state that on 24 January 2007, the Attorney General and Director
for Public Prosecutions filed an application in the High Court seeking to review
and/or set aside the bail order issued in November 2005. On 1 March 2007, the
Complainants state that the Court declined to grant the Government’s application
for review of the bail orders and ordered the immediate release of the suspects.
Further, the Complainants aver that armed security personnel cordoned off the Court
premises and, following the Court’s ruling, entered the courtroom and forcefully rearrested the suspects, vandalized Court equipment, beat up the suspects and
deployed dogs to clear the courtroom of people.
10.
The Complainants state that on 02 March 2007, the Judiciary announced a sit down
strike for one week in protest of Government’s interference in Court activities and
disrespect for Court rulings. The Complainants further note that the Uganda Law
Society, and the East African Law Society, supported the strike by the Judiciary and
resolved to hold their own strike from 12 to 14 March 2007.
11.
The Complainants note that the Victims were subsequently charged with other
offences separate from the charges brought against them in Criminal Case No. 955 of
2005 and UDPF/GEN/075 of 2005, and were granted bail on these other charges. The
Complainants note that Mr. Patrick Okiring, having satisfied the requirements set by
the High Court, was out of detention on bail.
12.
Further, the Complainants state that records at the High Court at Arua and Criminal
Division at Kampala indicate that Mr. Samson Agupio was released from internment
at the government prison after a nolle prosequi was entered by the Director of
Prosecutions. However, the Complainants contend that the Amnesty Commission,
which was seized of the matter, has no record that Mr. Samson Agupio applied for
and was granted amnesty. Thus, the Complainants note that there is no information
on Mr. Samson Agupio’s whereabouts.
Articles alleged to have been violated
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